CHAPTER 4: THE EXECUTIVE BRANCH ______________________ Elected by the voters ----------------------------------- Appointed by the governor All judges and cabinet secretaries are appointed by the Governor with consent of a majority of the Senate. Other Governor appointed officers are the heads of the Delaware National Guard, Department of Elections, Economic Development Office, Office of Management and Budget, State Housing Authority, State Planning Office, Public Defender and the State Fire Marshall. Gubernatorial appointees who receive more than $500 annually in total compensation require Senate confirmation. ______________________________________________________________________________ The Governor http://governor.delaware.gov. In colonial days Delaware's governor was expected to protect English royal interests; not surprisingly, the first constitution after independence gave the executive little power. The constitution of 1897 made the governor the greatest single authority in state government, yet he still shared administrative duties with many boards and commissions that he appointed but did not control. These boards and commissions were the basic policy makers of the executive branch and were designed to give balanced representation to all three counties. New agencies were created to handle new programs until by the 1960s. At that time there was an administrative hodgepodge of more than 140 state agencies. A series of studies beginning as early as 1918 finally resulted in the adoption of a strong executive cabinet system in 1971. Today, as chief executive officer of the state, the governor appoints all members of the state judiciary, the cabinet, members of boards, councils and commissions and many other state officials10. The governor is commander-in-chief of the Delaware National Guard, which he may call out for emergencies. Also, he may fill vacancies in state or county elective offices (except the Lieutenant Governor or General Assembly) until the next election. At the beginning of the General Assembly's annual session, the governor reports to it on the “state of the State.” The governor recommends new laws or changes in existing laws that he considers important. Within five days after the new session begins, the governor is required to give the General Assembly a financial account of the state or a budget report. The governor may also send special messages to the General Assembly and call it into special session when he feels it necessary. Except for amendments to the state constitution, all bills passed by the General Assembly are sent to the governor for his consideration. If the governor signs a bill, it becomes law. If he does not approve, he returns it to the General Assembly with his reasons for rejection. This is called a veto. If each of the two chambers of the General Assembly passes the bill again with a three- fifths majority11, it becomes law without the governor’s signature. This is called overriding a veto. If the governor does not act on a bill within ten days after he receives it (Sunday excluded), it becomes law without his signature. At the end of the legislative session when the General Assembly has adjourned, the governor has thirty days to decide which bills to approve. Any bill not signed in that time is automatically vetoed (called a pocket veto). The General Assembly has no opportunity to override a pocket veto. In appropriation bills (measures authorizing spending of state money), the governor may veto individual items while approving the rest of the bill. This is called a line item veto and may be overridden by the General Assembly the same as any other veto. Among the most important duties of the governor are keeping watch on state income and expenditures, estimating the state's revenue for the next year, and recommending to the General Assembly what amounts of money should be appropriated for the next fiscal year. In his budget message, the governor recommends appropriations he believes should be made to finance the state's operations for the next fiscal year (July 1 to June 30). These recommendations, the state income for the last fiscal year an estimate of revenue for the next fiscal year, and other pertinent financial information are printed in the annual budget report issued with the budget message. Woodburn, an historic house in Dover, was purchased in 1966 to serve as the Governor’s home. The constitution provides for succession to the office if the governor should die or become so disabled that he could not perform his duties, or if he is disqualified or removed from office. The line of succession begins with the Lieutenant Governor and continues with the Secretary of State, Attorney General, President Pro Tempore of the Senate and Speaker of the House. Any of these officers must meet all the constitutional qualifications to assume the office of governor. The governor may be removed from office for treason, bribery or any high crime or misdemeanor. Charges must begin in the House with a member introducing a bill of impeachment that lists the alleged crime or improprieties. If a two-thirds majority of the House members approve the bill, the governor is impeached. This does not mean the governor is guilty, but corresponds to being charged with an offense in a court of law. The Senate tries the case; a two-thirds vote is required to find the governor guilty. In Delaware's history, no governor has been impeached. The Cabinet The advisory council to the governor is called the cabinet. The chief administrator and head of each cabinet department is a secretary appointed by the governor with the advice and consent of the Senate. Secretaries serve at the pleasure of the governor. This means the governor may fire them if their work is unsatisfactory. Currently Delaware has twelve cabinet secretaries. Cabinet departments are divided into divisions. Each division director or office chief is appointed and can be removed from office by the secretary, but only with the written consent of the governor12. Employees below the level of director or chief are covered by the state merit system. Following are the twelve cabinet departments: Department of Agriculture (DOA) http://dda.delaware.gov The Department of Agriculture’s mission is to advance the economic viability of the food, fiber, and agricultural industries of Delaware; to promote the sound utilization of resources; and to provide mandated services that protect the health and welfare of the general public. The DOA’s divisions are as follows: Administration serves as the contact point between the largest industry in the state - agriculture - and state government. It represents the agricultural community and the related sectors of the economy in all facets of state government. Agriculture Compliance is responsible for protecting the consumer by administering a regulatory program for the standards and inspections of livestock feeds, pet foods, fertilizer, liming materials, soil conditioners, frozen desserts, and milk sold by commercial dairies. Delaware Standardbred Breeders' Fund oversees and maintains records and funds pertaining to the breeding of standardbred horses in a state racing program. Promotes standardbred activities and sales of state bred yearlings Food Products Inspection assures that domestic meat and poultry products distributed to consumers are safe, wholesome, unadulterated, and honestly and informatively labeled. It provides grading services to poultry plants, fruit and vegetable growers and brokers. Forest Service is responsible for conserving, protecting, and enhancing the forest and its resources for the public. Harness Racing Commission provides clerical and technical support to the appointed Harness Racing Commission, in accordance with the Delaware Code. Information and Education continues to be the primary resource for agriculture and environmental education for Delaware educators. Land Use and Preservation plans for the protection of the valuable resources used for agriculture and related agricultural industries. Its goals are to preserve valuable farmland for further generations and to provide an advanced technological environment to maximize employees’ performance. Marketing promotes the export and statewide consumption of food and fiber crops grown or processed in Delaware. Nutrient Management Commission manages those activities involving the generation and application of nutrients in order to help maintain and improve the quality of Delaware’s ground and surface waters and to help meet or exceed federally mandated water quality standards, in the interest of the overall public welfare. Pesticides provides Delaware with an exceptional pesticide regulatory program, which is educationally based, equitably enforced, and protective of the environment, crops, properties, and the health and welfare of the citizens of the state. Plant Industries works to prevent the introduction, establishment, or spread of plant and honeybee pests, and suppress, control, abate, or eradicate those pests that are dangerously injurious to the agricultural, horticultural, and forestry interests of the state. It provides inspection services for exporters of Delaware agricultural plants and plant products and provides seed certification, seed testing services, and inspection services for harvested grains. Poultry and Animal Health is responsible for protecting the health of domestic animal and avian species from the introduction and spread of infectious and contagious diseases, including those transmissible to the human population. Thoroughbred